Staff profile - Dan Meagher

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Mr Dan Meagher

Position: Associate Professor
Faculty or Division: Faculty of Business & Law
Department: School of Law
Campus: Geelong Waterfront Campus
Phone: +61 3 52272075 +61 3 52272075



Dan is an Associate Professor in the Law School. He has undergraduate degrees in law and economics from Monash University and an LLM from the same institution. In 2007 Dan was awarded a PhD from the University of New South Wales for his thesis on the intersection between freedom of speech and the regulation of racist speech in Australia.


  • Bachelor of Law(s), Monash University, 1994
  • Bachelor of Economics, Monash University, 1991
  • Master of Laws, Monash University, 2001


Teaching Interests

Dan currently teaches constitutional law and human rights law.


Research interests

Dan’s research interests are in constitutional law, human rights law and statutory interpretation.

He is the comments editor for the Public Law Review.



Refereed Journal Articles

• ‘The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) and the Courts’ (2014) 42 Federal Law Review 1.
• ‘The Common Law Principle of Legality’ (2013) 38 Alternative Law Journal 209.
• ‘The Common Law Presumption of Consistency with International Law: Some Observations from Australia (and Comparisons with New Zealand)’ [2012] New Zealand Law Review 465.
• ‘The Legal Recognition of Same Sex Unions in Australia: A Constitutional Analysis’ (2011) 22 Public Law Review 266.
• ‘The Principle of Legality in the Age of Rights’ (2011) 35 Melbourne University Law Review 449.
• ‘The Brennan Conception of the Implied Freedom: Theory, Proportionality and Deference’ (2011) 30 University of Queensland Law Journal 118.
• ‘The Significance of Al-Kateb v Godwin for the Australian Bill of Rights Debate’ (2010) 12 Constitutional Law and Policy Review 15.
• ‘The Scope of Judicial Rights Interpretation Under Bills of Rights (and its Political Consequences)’ (2009) 20 Public Law Review 214.
• ‘Investigating “Indecent, Obscene or Pornographic” Art: Lessons from the Bill Henson Controversy’ (2009) 14 Media and Arts Law Review 292.
• ‘The Principle of Legality and the Judicial Protection of Rights’ (2009) 37 Federal Law Review 295.
• ‘The Status of Drug Detection Dogs Under Australian Law’ (2009) 33 Criminal Law Journal 165.
• ‘Freedom of Political Communication, Public Officials and the Emerging Right to Personal Privacy in Australia’ (2008) 29 Adelaide Law Review 175.
• ‘The Status of Flag Desecration in Australian Law’ (2008) 34 University of Western Australia Law Review 73.
• ‘The Democratic Credentials of Statutory Bills of Rights (and Those of a Self-Styled Majoritarian Democrat)’ (2008) 19 King’s Law Journal 27.
• ‘Inciting Racial Violence as Sedition: A Problem of Definition?’ (2006) 30 Criminal Law Journal 289.
• ‘So Far No Good: The Regulatory Failure of Criminal Racial Vilification Laws in Australia’ (2006) 17 Public Law Review 209.
• 'Regulating History: Australian Racial Vilification Law and History Denial' (2005) 24 University of Queensland Law Journal 499.
• 'The "Fighting Words" Doctrine: Off the First Amendment Canvass and into the Implied Freedom Ring?' (2005) 28 University of New South Wales Law Journal 852.
• ‘Taking Parliamentary Sovereignty Seriously Within a Bill of Rights Framework’ (2005) 10 Deakin Law Review 686.
• ‘The Status of the Kable Principle in Australian Constitutional Law’ (2005) 16 Public Law Review 182.
• ‘The Protection of Political Communication Under the Australian Constitution’ (2005) 28 University of New South Wales Law Journal 30.
• 'The "Tragic" High Court Decisions in Al-Kateb v Godwin and Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji: The Triumph of the "Plain Fact" Interpretive Approach and Constitutional Form Over Substance' (2005) 7 Constitutional Law and Policy Review 69.
• 'Excessive Force Used in Making an Arrest: Does it Make the Arrest Ipso Facto Unlawful?' - (2004) 28 Criminal Law Journal 237.
• 'So far So Good?: A Critical Evaluation of Racial Vilification Laws in Australia' (2004) 32 Federal Law Review 225.


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